MAY 3.] THE NEW ZEALAND GAZETTE. 533

plans, sketches, and plastic works relative to geography,
topography, architecture, or science in general; in fact,
every production whatsoever in the literary, scientific, or
artistic domain which can be published by any mode of im-
pression or reproduction.

ARTICLE V.

Authors of any of the countries of the Union, or their
lawful representatives, shall enjoy in the other countries the
exclusive right of making or authorising the translation of
their works until the expiration of ten years from the publi-
cation of the original work in one of the countries of the
Union.

For works published in incomplete parts ("livraisons")
the period of ten years commences from the date of publica-
tion of the last part of the original work.

For works composed of several volumes published at inter-
vals, as well as for bulletins or collections ("cashiers") pub-
lished by literary or scientific societies, or by private persons,
each volume, bulletin, or collection is, with regard to the
period of ten years, considered as a separate work.

In the cases provided for by the present article, and for
the calculation of the period of protection, the thirty-first
December of the year in which the work was published is
admitted as the date of publication.

ARTICLE VI.

Authorised translations are protected as original works.
They consequently enjoy the protection stipulated in Articles
II. and III. as regards their unauthorised reproduction in
the countries of the Union.

It is understood that, in the case of a work for which the
translating right has fallen into the public domain, the
translator cannot oppose the translation of the same work
by other writers.

ARTICLE VII.

Articles from newspapers or periodicals published in any
of the countries of the Union may be reproduced in original
or in translation in the other countries of the Union, unless
the authors or publishers have expressly forbidden it. For
periodicals it is sufficient if the prohibition is made in a
general manner at the beginning of each number of the
periodical.

This prohibition cannot in any case apply to articles of
political discussion, or to the reproduction of news of the
day or current topics.

ARTICLE VIII.

As regards the liberty of extracting portions from literary
or artistic works for use in publications destined for educa-
tional or scientific purposes, or for chrestomathies, the
matter is to be decided by the legislation of the different
countries of the Union, or by special arrangements existing
or to be concluded between them.

ARTICLE IX.

The stipulations of Article II. apply to the public repre-
sentation of dramatic or dramatico-musical works, whether
such works be published or not.

Authors of dramatic or dramatico-musical works, or their
lawful representatives, are, during the existence of their
exclusive right of translation, equally protected against the
unauthorised public representation of translations of their
works.

The stipulations of Article II. apply equally to the public
performance of unpublished musical works, or of published
works in which the author has expressly declared on the title
page or commencement of the work that he forbids the public
performance.

ARTICLE X.

Unauthorised indirect appropriations of a literary or
artistic work, of various kinds, such as adaptations, arrange-
ments of music, &c., are specially included amongst the
illicit reproductions to which the present convention applies,
when they are only the reproduction of a particular work, in
the same form, or in another form, with non-essential altera-
tions, additions, or abridgments, so made as not to confer the
character of a new original work.

It is agreed that, in the application of the present article,
the tribunals of the various countries of the Union will,
if there is occasion, conform themselves to the provisions of
their respective laws.

ARTICLE XI.

In order that the authors of works protected by the present
convention shall, in the absence of proof to the contrary, be
considered as such, and be consequently admitted to insti-
tute proceedings against pirates before the Courts of the
various countries of the Union, it will be sufficient that their
name be indicated on the work in the accustomed manner.

For anonymous or pseudonymous works the publisher
whose name is indicated on the work is entitled to protect
the rights belonging to the author. He is, without other
proof, reputed the lawful representative of the anonymous or
pseudonymous author.

It is, nevertheless, agreed that the tribunals may, if neces-
sary, require the production of a certificate from the com-
petent authority to the effect that the formalities prescribed
by law in the country of origin have been accomplished, as
contemplated in Article II.

ARTICLE XII.

Pirated works may be seized on importation into those
countries of the Union where the original work enjoys legal
protection.

The seizure shall take place conformably to the domestic
law of each State.

ARTICLE XIII.

It is understood that the provisions of the present con-
vention cannot in any way derogate from the right belonging
to the Government of each country of the Union to permit,
to control, or to prohibit, by measures of domestic legislation
or police, the circulation, representation, or exhibition of any
works or productions in regard to which the competent
authority may find it necessary to exercise that right.

ARTICLE XIV.

Under the reserves and conditions to be determined by
common agreement,* the present convention applies to all
works which at the moment of its coming into force have not
yet fallen into the public domain in the country of origin.

ARTICLE XV.

It is understood that the Governments of the countries of
the Union reserve to themselves respectively the right to
enter into separate and particular arrangements between
each other, provided always that such arrangements confer
upon authors or their lawful representatives more extended
rights than those granted by the Union, or embody other
stipulations not contrary to the present convention.

ARTICLE XVI.

An international office is established, under the name of
the "Office of the International Union for the Protection of
Literary and Artistic Works."

This office, of which the expenses will be borne by the
Administrations of all the countries of the Union, is placed
under the high authority of the Superior Administration of
the Swiss Confederation, and works under its direction. The
functions of this office are determined by common accord
between the countries of the Union.

ARTICLE XVII.

The present convention may be submitted to revisions in
order to introduce therein amendments calculated to perfect
the system of the Union.

Questions of this kind, as well as those which are of inte-
rest to the Union in other respects, will be considered in
Conferences to be held successively in the countries of the
Union by delegates of the said countries.

It is understood that no alteration in the present conven-
tion shall be binding on the Union except by the unanimous
consent of the countries composing it.

ARTICLE XVIII.

Countries which have not become parties to the present
convention, and which grant by their domestic law the pro-
tection of rights secured by this convention, shall be ad-
mitted to accede thereto on request to that effect.

Such accession shall be notified in writing to the Govern-
ment of the Swiss Confederation, who will communicate it
to all the other countries of the Union.

Such accession shall imply full adhesion to all the clauses
and admission to all the advantages provided by the present
convention.

ARTICLE XIX.

Countries acceding to the present convention shall also
have the right to accede thereto at any time for their colo-
ies or foreign possessions.

They may do this either by a general declaration com-
prehending all their colonies or possessions within the
accession, or by specially naming those comprised therein,
or by simply indicating those which are excluded.

ARTICLE XX.

The present convention shall be put in force three months
after the exchange of the ratifications, and shall remain in
effect for an indefinite period until the termination of a year
from the day on which it may have been denounced.

Such denunciation shall be made to the Government
authorised to receive accessions, and shall only be effective
as regards the country making it, the convention remaining
in full force and effect for the other countries of the Union.

ARTICLE XXI.

The present convention shall be ratified, and the ratifica-
tions exchanged at Berne, within the space of one year at
the latest.

• See paragraph 4 of final protocol.